Falsely accused of CSC is simply devastating, a nightmare scenario for anyone and something for which no one can prepare. Unfortunately, there are many situations and circumstances that can lead to this horrible scenario: consensual contact that is mischaracterized after the fact as sexual assault; misidentification by an alleged victim; or even malicious intent on the part of the alleged victim. Continue reading to learn what you should do, what you shouldn't do, and when to contact an attorney to help fight the charge levied against you.
First, if you've already been charged with a sex crime even when falsely accused you should notify an experienced sex crime defense lawyer immediately. Your attorney can investigate the charge and determine where it's vulnerable to scrutiny. Perhaps the story of the accuser has inconsistencies. Or, it's possible that the evidence is minimal beyond a simple "he said, she said" claim.
If the sex crime charge is based on a false accusation or incorrect information, your attorney can find compelling ways to challenge and refute that charge. In doing so, your lawyer may get the charge dismissed entirely. You may never even have to go to court if your attorney can negotiate to get the charge dropped by prosecutors, perhaps due to insufficient evidence.
Your lawyer may get the charge dismissed entirely. You may never even have to go to court if your attorney can negotiate to get the charge dropped by prosecutors, perhaps due to insufficient evidence. Consulting a knowledgeable attorney is vital. You should do so immediately when facing a sex crime charge.
Should NOT Do
Speaking to or confronting your accuser. This may be used against you if you seem to be accosting your accuser in a threatening manner. Contacting your accuser will likely only make things worse.
Representing yourself in legal proceedings. You're unlikely to grasp the complexities and significance of the legal process you face. You should hire an experienced lawyer to handle your case.
Talking to police. Don't make any statements to police about the alleged sex crime with which you are charged until you've consulted an attorney. Law enforcement officers may try to get you to say things which they know they can use against you later in a legal proceeding. Don't give them ammunition for such an attack. Say nothing, plead the fifth, and consult an attorney.
Venting your frustrations on social media. Sure, you're upset about being falsely accused of a sex crime. But you shouldn't air or vent such frustrations on social media for all the world to see — including prosecutors who may find some way to use such posts against you.
Sometimes, people that have been falsely accused of a crime, such as sexual battery, become their own worst enemy. They may want to talk to their accuser, or they may make a comment that is taken out of context and very hurtful to their case. When facing false accusations, it is best to say as little as possible, especially about the accusations. Also, certainly do not speak to the person that is making the accusations. That is one of the worst things you can do, as they will likely use it against you and things can become very heated, which will only make things worse for your case.
